LEGAL NOTICES
Publisher: Iyashi Dôme, a limited liability company with a capital of 36480 euros, registered in the Paris Trade and Companies Register under the number 479 547 101, with its head office located at 320, rue Saint Honoré – 75001 Paris (France)
President and CEO: Mr Shogoro UEMURA
Telephone: +33 (0)1 40 25 03 25 – E-mail address: contact@iyashidome.com
Intracommunity VAT number: FR74479547101
Director of publication and editor :
Mr. Shogoro Uemura – Founder of Iyashi Dôme and Mrs. & Giron Virginie – Communication Manager of Iyashi Dôme
Hosting: ONLINE, a simplified joint stock company with a capital of 214,410.50 Euros, whose head office is located at 8 rue de la ville l’Evêque – 75008 PARIS
TERMS AND CONDITIONS OF USE
Please read the following terms and conditions carefully before using the website www.iyashidome.com (hereinafter referred to as “the Site”).
Use of the Site implies acceptance of these conditions.
Consequently, by accessing the Site, any Internet user browsing the Site declares that he or she has read and accepted these conditions of use without reservation, and undertakes to comply with them and to respect the rules defined below in all circumstances.
The present Legal Notice is concluded for an indefinite period. The contract is effective for the User from the beginning of the use of the service.
IYASHI DOME reserves the right to unilaterally modify the content of this Legal Notice at any time.
Any User with access to the Internet can access the www.iyashidome.com website free of charge from anywhere. The costs incurred by the User to access the site (internet connection, computer equipment, etc.) are at his/her sole expense.
ARTICLE 1 – INTELLECTUAL PROPERTY
1.1. The title, design, form, content (trademarks, texts, colour organization, illustrations, photographs and images) of the Site, its general architecture and presentation but also any software, software compilation, source code, and more generally, all information or documents contained in the Site as well as all elements created for this Site are either the property of the Company IYASHI DÔME SARL (hereinafter referred to as “Iyashi Dôme”) or its subsidiaries, or are the subject of rights of use, reproduction and representation granted to the benefit of the latter.
1.2. The Site constitutes a work protected in France by the Intellectual Property Code, and abroad by the international conventions in force on copyright. Violation of any of the copyrights in the work constitutes an infringement of copyright punishable by Articles L.331-1 et seq. of the Intellectual Property Code, without prejudice to the penalties provided for in the event of violation of French Law No. 78-17 of 6 January 1978, as amended, relating to information technology, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection.
The entire content of this Site – including text, images, graphic presentations and/or audiovisual files – is – unless otherwise stated – protected by law and may not be sold, modified, disseminated, reused, repositioned, exploited, represented, reproduced or used, in whole or in part, in any manner whatsoever for public or commercial use, regardless of the medium, without the prior written permission of Iyashi Dôme.
In case of prior and express authorization given by Iyashi Dôme, the authorized reproduction of the information contained in this Site will have to indicate the source and the adequate mention of ownership.
1.3 Iyashi Dôme does not authorize Internet users to electronically copy and print on paper documents and/or elements contained in this Site for any purpose. No license or right other than the right to view the Site is granted to any person with respect to intellectual property rights.
1.4. Unless otherwise stated, the company names, logos, products, brands and all the distinctive signs mentioned in this Site are the property of Iyashi Dôme or its subsidiaries, in particular, without this list being exhaustive, the signs IYASHI DÔME®, OMEDETO©, OSHIBORI© and OSOJI©, which are registered trademarks and/or trademarks in France and/or abroad. Also, the corporate names, the commercial names, the signs, the domain names, the logos, the slogans, the products, the brands and more generally any distinctive sign, quoted in this Site, cannot be used without the written and prior authorization of Iyashi Dôme.
Furthermore, certain components of the FIRT and RENAISENS devices are protected by patents and/or designs.
1.5. The Site constitutes as such a database, including web pages and data formatted by Iyashi Dôme.
Some pages of the Site also constitute specific databases and may contain personal data, such as:
- the “Find a centre” section (where professional customers equipped with Iyashi Dome devices and/or resellers/distributors of Iyashi Dome products are listed and published) and
- the “Contact” section (where the user sends his personal data to Iyashi Dome via the contact form).
The personal data contained in these databases are processed under the conditions set out in article 5 below.
The databases of the Site are and remain the property of Iyashi Dôme who is the owner of the copyright as well as of the “sui generis” right of the database producer mentioned in the article L341-1 of the Intellectual Property Code.
Iyashi Dôme, as producer of databases and editor of the Site, forbids :
- extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the web pages of the Site and the data to another medium, by any means and in any form whatsoever
- re-use, by making available to the public all or a qualitatively or quantitatively substantial part of the web pages and data in any form whatsoever
- the repeated and systematic extraction or reuse of qualitatively or quantitatively insubstantial parts of the web pages and data when these operations manifestly exceed the conditions of normal use;
- any unfair collection and misappropriation of data (in particular personal data) that may be published on the Site, and any act likely to infringe the privacy or consideration of individuals.
Any representation, reproduction, distribution, extraction by any means whatsoever, even partial of the Site and/or its contents without the consent of Iyashi Dôme is consequently illicit and sanctioned by articles L.335-2 and following, L.343-1 and following of the Intellectual Property Code.
ARTICLE 2 – INFORMATION PRESENTED ON THE SITE
2.1. This Site is not intended to provide medical and/or paramedical advice. All information presented on the Site is for informational purposes only. Iyashi Dôme does not guarantee that the information accessible via its Site is complete and up-to-date. This information does not claim to be exhaustive and does not constitute advice of any kind whatsoever, nor does it dispense with professional advice.
This information is subject to change at any time and without notice.
The information provided on this Site relating to slimming, health or lifestyle is presented for general guidance only. This information should not be considered exhaustive.
The information contained in this Site cannot be considered as a substitute for medical advice, diagnosis and more generally, for any consultation and prescription delivered by a doctor.
ARTICLE 3 – HYPERLINKS – HYPERTEXT LINKS
3.1. Authorization of links to the Site: no one can set up a hyperlink to the present Site without the express, prior and written authorization of Iyashi Dôme. In any case, the activation of the link must result in the opening of a new window in the Internet user’s browser, independent of the original one.
3.2. Activation of the links proposed by the Site: Iyashi Dôme formally declines any responsibility as for the contents of the sites towards which it offers links, giving access to web pages other than those of its sites. These links are offered to users of this Site as a service. The decision to activate the links rests exclusively with the users of the Site.
Iyashi Dôme cannot be held responsible for
the editions and the contents of the documents appearing on these other Web sites;
the use of trademarks, logos and other distinctive signs as well as images appearing on the websites reproduced after the activation of the hyperlink;
the integrity and completeness of the information provided by these other
Web sites.
ARTICLE 4 – LIABILITY
4.1 Iyashi Dôme cannot guarantee the availability and the access time to this Site, and cannot be held responsible for the timeliness, the deletion, the failure to put online, the failure to store information. Maintenance, testing and upgrades are freely chosen and performed by Iyashi Dome at any time, regardless of the procedures and means used to do so.
Iyashi Dôme provides its best efforts to maintain access to the Site. However, Iyashi Dôme may have to interrupt access to the Site, temporarily or permanently, in particular for legal, technical or maintenance reasons.
4.2. Neither Iyashi Dôme, nor any of its affiliates, nor its officers, employees or other representatives, can be held responsible for any damages, loss of data, direct or indirect material or immaterial damages, such as loss of market, loss of customers, loss of data, loss of income or loss of profit suffered by an Internet user in connection with the use of the Site and, in general, any commercial disruption whatsoever, which may result from the impossibility of accessing this Site, whatever the duration, from the use of incorrect information and/or content.
ARTICLE 5 – PERSONAL DATA
5.1. The Internet user accepts that the personal information concerning him, collected by Iyashi Dôme on the Site, will be the object of a treatment by automated or non-automated means (if these personal data are contained or called to appear in a file) according to the purposes chosen at the time of the collection of the data on the Site by checking the corresponding boxes (such as the operations relating to the management of the customers/prospects, to the commercial prospection, to the sending of newsletters, to the management of the opinions of the people on the Iyashi Dôme products).
The Internet user can withdraw his consent at any time.
The personal information of the internet user is intended for Iyashi Dôme, its subsidiaries, its professional distributors located abroad (for requests from internet users located abroad), and its subcontractors within the meaning of article 28 of the RGPD respectively subject to the national and European provisions relating to the protection of personal data.
Mandatory data are indicated at the time of collection. In their absence, the messages of the Internet user cannot be processed.
This data is kept for the time necessary for the operations for which it was collected and in compliance with the regulations in force.
Thus :
- the data relating to the customers of Iyashi Dôme are preserved during all the duration of the contractual relations, increased by three (3) years as from the end of the contractual relations, at ends of animation and canvassing, without damage of the obligations of conservation or the periods of prescription;
- data relating to prospects are kept for a period of 3 years from the last contact with Iyashi Dôme.
5.2. In accordance with the provisions of the “Loi Informatique et Libertés” of 6 January 1978 as amended and the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection, the Internet user has the right to oppose, limit, access, rectify, portability and delete personal data concerning him/her.
The Internet user may also make known his/her instructions concerning the manner in which he/she intends his/her rights to be exercised after his/her death and also has the possibility of lodging a complaint with the CNIL.
If Iyashi Dôme collects the Internet user’s telephone number, the Internet user can ask Iyashi Dôme to put his/her telephone number on an opposition list, in order not to be the object of commercial telephone prospecting.
To exercise his rights, the Internet user can make a request:
- via the “Contact” page of the Site, or
- by e-mail at contact@iyashidome.com, or
- by mail at the following address: Iyashi Dôme – 320, rue Saint Honoré – 75001 Paris (France).
In accordance with the aforementioned regulations in force, all requests must be signed and accompanied by a photocopy of a valid identity document and must specify the address to which the company responsible for processing must reply. A reply will then be sent within a maximum of one (1) month following receipt of the request.
5.3. For further information on the processing of your data, please see the Iyashi Dome Data Protection Policy.
5.4. In order to facilitate and follow the navigation of the internet user on the Site, Iyashi Dôme can also automatically collect information thanks to cookies, in order to improve the personalized service that is intended for the internet user.
When visiting the Site, the user can set the parameters of the cookies to accept or refuse them. They may indicate their preference either globally for the Site or service by service.
The Internet user may also refuse the installation of cookies on his hard disk by setting his browser software.
For technical reasons, the Internet user is however advised that certain services and/or access to certain web pages may not be accessible to him/her if he/she refuses the installation of cookies.
ARTICLE 6 – APPLICABLE LAW – SETTLEMENT OF DISPUTES
6.1. The Site and its conditions of use are subject exclusively to French law, which is the only law applicable. These GCU are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
6.2. Complaints or disputes will always be received with attentive benevolence. In case of dispute, the Internet user can contact Iyashi Dôme to obtain an amicable solution, by mail at the postal address Iyashi Dôme – 72 Avenue du Docteur Arnold Netter – 75012 PARIS (France) or by e-mail at contact@iyashidome.com.
In case of dispute(s) arising from the present TOS, the parties will meet for conciliation purposes.
To this end, the parties shall designate two (2) interlocutors duly authorised to conciliate, who shall meet at the initiative of the most diligent party within fifteen (15) days of receipt of the registered letter with acknowledgement of receipt requesting the conciliation meeting.
The agenda shall be set by the party initiating the conciliation.
The decisions, taken by mutual agreement, shall be recorded in writing and shall have contractual value.
If no amicable solution is found between the parties within one (1) month of the first conciliation meeting, the parties shall be free to submit their dispute(s):
- in case of a dispute with a merchant: before the competent courts in the jurisdiction where the head office of Iyashi Dôme is located;
- in case of litigation with a physical person: before the competent courts according to the French rules of procedure.
Updated on 19/11/2023